« The Bill of Rights is not a list of suggestions | Main | Don't bring a pellet gun to a gunfight »
Veterans' Heritage Firearms Act introduced
Text is in extended remarks, below. Basically, it represents a Title II amnesty for veterans who brought back NFA war trophies, so that they or their families could now register them despite the 1986 ban.
I once had a client, 20-30 years ago, who had a Colt "Potato Digger" machinegun sitting in his closet unregistered. He'd gotten it in Europe during WWII somehow and brought it back. Also heard of a fellow who died and whose estate found itself in possession of a 13.2 mm machinegun from WWI, designed to deal with low-level dirrigibles (it fired specially modified tracers and incendiaries intended to set their helium on fire). They had to strip it of parts and cut up the receiver, since there was no way to register it now.
UPDATE: German blimps were filled with hydrogen, since Germany had no supplies of helium (and I think a postwar embargo of it led to the Hindenburg still using it -- helium being then a munition of war). If I remember, the incendiary slugs were funny things. You couldn't have them ignite upon impact, since they'd pass thru a dirigible while hitting nothing but a bit of fabric. So they had phosphorus in the core, with little holes thru the jacket sealed by soft solder. When the projectile heated up due to air friction, the solder melted and jets of flame would spew out around the bullet, hopefully igniting the hydrogen at points of entry and exit (or else touching off hydrogen released by a preceding bullet in the burst).
HR 1141 IH
110th CONGRESS
1st Session
H. R. 1141
To provide an amnesty period during which veterans and their family members can
register certain firearms in the National Firearms Registration and Transfer Record,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 16, 2007
Mr. CANNON introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
--------------------------------------------------------------------------------
A BILL
To provide an amnesty period during which veterans and their family members can
register certain firearms in the National Firearms Registration and Transfer Record,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Veterans' Heritage Firearms Act of 2007'.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration- Subject to such regulations as the Attorney General may prescribe,
the applicable veteran or a member of the family of such a veteran, who owns and
possesses a qualifying firearm, may register the firearm in the National Firearms
Registration and Transfer Record (described in section 5841 of the Internal Revenue
Code of 1986) during the amnesty period.
(b) Qualifying Firearm-
(1) IN GENERAL- For purposes of this section, the term `qualifying firearm'
means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while the veteran was a member of the Armed Forces and was stationed
outside the continental United States.
(2) PRESUMPTION OF VALIDITY- In the absence of clear and convincing evidence to
the contrary, the Attorney General shall accept as true and accurate any affidavit,
document, or other evidence submitted by an individual to establish that a firearm
meets the requirements of paragraph (1).
(c) Hearings- If the Attorney General determines that an individual may not register
a firearm under subsection (a) during the amnesty period, the Attorney General,
on the request of such individual, shall--
(1) provide the individual any evidence on which the Attorney General's decision
is based; and
(2) promptly hold a hearing to review the determination.
(d) Limited Immunity-
(1) CRIMINAL LIABILITY UNDER TITLE 18- An individual who registers a firearm under
subsection (a) of this section--
(A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922
of title 18, United States Code, as having lawfully acquired and possessed the firearm
before the date of the enactment of chapter 44 of such title and of each provision
of that chapter; and
(B) shall not be liable for any violation of that chapter which--
(i) is based solely on the ownership, possession, transportation, importation, or
alteration of the firearm by the individual; and
(ii) occurred before or concurrent with the registration.
(2) CRIMINAL LIABILITY UNDER INTERNAL REVENUE CODE- Except as provided in paragraph
(3), an individual who registers a firearm under subsection (a) shall not be liable
for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect
to the firearm which occurred before or concurrent with the registration.
(3) TRANSFER TAX LIABILITY- Paragraph (2) shall not affect the liability of any
individual for any transfer tax imposed under section 5811 of the Internal Revenue
Code of 1986.
(4) ATTEMPTS TO REGISTER- In the case of an applicable veteran or a member of such
a veteran's family who attempts to register a qualifying firearm in the National
Firearms Registration and Transfer Record at a time other than during the amnesty
period, paragraphs (1), (2), and (3) shall apply with respect to the individual
if the individual surrenders the firearm to a law enforcement agency not later than
30 days after notification by the Attorney General of potential criminal liability
for continued possession of the firearm.
(e) Forfeiture- A firearm registered under subsection (a) shall not be subject to
seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986
or chapter 44 of title 18, United States Code, for a violation of any such chapter
with respect to the firearm which occurred before or concurrent with the registration.
(f) Notice; Forms; Mailbox Rule-
(1) NOTICE OF AMNESTY PERIOD- The Attorney General shall provide clear printed notices
providing information regarding the amnesty period and registering a firearm during
the period. To the extent feasible, the Attorney General shall ensure that the notices
are posted in post offices, law enforcement buildings, buildings of the Department
of Veterans Affairs, and businesses of licensed firearms dealers.
(2) FORMS- The Attorney General shall make available any forms necessary for registering
a firearm in the National Firearms Registration and Transfer Record. To the extent
feasible, the Attorney General shall make such forms available in the locations
referred to in paragraph (1) and through the website for the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
(3) MAILBOX RULE- For purposes of this section, the Attorney General shall treat
any form that is postmarked during the amnesty period as received during the amnesty
period.
(g) Definitions- In this section:
(1) AMNESTY PERIOD- The term `amnesty period' means the 90-day period beginning
on the date that is 90 days after the date of the enactment of this Act.
(2) FIREARM- The term `firearm' has the meaning given the term in section 5845
of the Internal Revenue Code of 1986, except that the term does not include--
(A) any device described in subsection (f)(1) of such section; or
(B) any combination of parts--
(i) designed or intended for use in converting any device into a device described
in subparagraph (A); or
(ii) from which a device described in subparagraph (A) may be readily assembled.
(3) APPLICABLE VETERAN- The term `applicable veteran' means, with respect to
a firearm, the veteran referred to in subsection (b)(1) with respect to the firearm.
(4) VETERAN- The term `veteran' has the meaning given such term in section 101(2)
of title 38, United States Code.
(5) FAMILY-
(A) IN GENERAL- The term `family' means, with respect to a veteran, any grandparent
of the veteran or of any spouse of the veteran, any lineal descendant of any such
grandparent, and any spouse of any such lineal descendant.
(B) SPECIAL RULES- For purposes of subparagraph (A):
(i) A spouse of an individual who is legally separated from the individual under
a decree of divorce or separate maintenance shall be treated as the spouse of the
individual.
(ii) Individuals related by the half blood or by legal adoption shall be treated
as if they are related by the whole blood.
(6) CONTINENTAL UNITED STATES- The term `continental United States' means the
several States and the District of Columbia, but does not include Alaska or Hawaii.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
(a) Transfer of Forfeited Firearms to Museums-
(1) IN GENERAL- The Attorney General shall transfer each firearm which has been
forfeited to the United States to the first qualified museum that submits a request
for the firearm in such form and manner as the Attorney General may specify.
(2) DESTRUCTION OF FORFEITED FIREARMS PROHIBITED- The Attorney General shall not
destroy any firearm which has been forfeited to the United States until the end
of the 5-year period beginning on the date of the forfeiture.
(3) CATALOGUE OF FIREARMS- With respect to each firearm that is available to be
transferred to a museum under paragraph (1), the Attorney General shall, not later
than 60 days after the forfeiture of the firearm, publish information which identifies
the firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives. The information shall be available to the public without
cost and without restriction.
(4) REGISTRATION OF FIREARMS- Any firearm transferred under paragraph (1) to a qualified
museum shall be registered to the transferee in the National Firearms Registration
and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986).
(5) FIREARM- In this subsection, the term `firearm' means any firearm (as defined
in section 2(g)(2) of this Act) which is treated as a curio or relic under chapter
44 of title 18, United States Code.
(6) QUALIFIED MUSEUM- In this subsection, the term `qualified museum' means--
(A) any museum owned or operated by a unit of Federal, State, or local government;
and
(B) any museum which--
(i) is open to the public;
(ii) is incorporated as a not-for-profit corporation under applicable State law;
(iii) may possess a firearm in the collection of the museum under the laws of the
State in which the collection is displayed;
(iv) holds a license under chapter 44 of title 18, United States Code, as a collector
of curios or relics; and
(v) certifies to the Attorney General that--
(I) the museum is not engaged in the trade or business of buying or selling firearms;
(II) with respect to the transfer of any firearm under paragraph (1), the museum
is not requesting the transfer of the firearm for purpose of sale; and
(III) the museum shall, not later than 90 days after the museum ceases operations,
file an application pursuant to chapter 53 of the Internal Revenue Code of 1986
to transfer any machinegun transferred to the museum under paragraph (1) to an entity
or person who may lawfully possess the machinegun under section 922(o) of title
18, United States Code, or abandon the machinegun to Federal, State, or local law
enforcement authorities.
(b) Transfer of Machineguns to Museums- Section 922(o)(2) of title 18, United States
Code, is amended--
(1) in subparagraph (A), by striking `or' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following:
`(B) a transfer to or by, or possession by, a museum that is open to the public
and incorporated as a not-for-profit corporation under applicable State law; or'.
END
10 Comments | Leave a comment
The use of helium in airships was the normal practice in the U.S. pre-Hindenberg, but only because most of the world supply was extracted from natural gas coming out of U.S. wells in Oklahoma.
Too bad about the Hindenberg, in more than one respect; turns out that the hydrogen wasn't the culprit as much as the fabric cover for the airship. Seems the treatment used to make it gas tight, and the aluminum added to the dope that helped control its temperature, acted to turn the cover into something very like solid rocket fuel.
That's what you saw in the bright flames and smoke as it burned and crashed. Once part of the covering lit off, that was it for the zeppelin.
Greg, helium was in use before the Hindenburg, but mostly by us. We wouldn't share the technology for making helium cost effecient with competitors. The Hindenburg changed that, but it was also the death knell for passenger travel in dirigibles.
You are correct that helium isn't flammable. Hydrogen looks for an excuse to burn.
Hydrogen was the culprit the Hindenberg. All the components for thermite were present in the skin of the blimp, but it normally takes burning magnesium to set it off. Plus the components were in separate layers and so would not normally combine and burn. Mythbusters* did do an experiment where they recreated the Hindenberg burning and were able to set some thermite off by burning hydrogen.
*They do screw some things up, but I don't think this was one of them.
The Strategic Helium Reserve offices were located in Amarillo, TX, and Hardy's old employer was in charge.
I don't think this legislation has any chance to pass.
All this discussion about hydrogen and helium is besides the main point. The law above is nice, but what is really needed is a reversal of the 86 ban, and the decriminalization of the type of recordkeeping errors that seem to be the most common NFA "crime". The CLEO signoff needs to be done away with, and the BATFE needs to be cut way down in size, power, and attitude. Since our military, including the select militia, had been issuing full auto rifles, subguns, and light machine guns for decades now, it ought to be obvious to anyone who is not attempting to interpret the second ammendmant according to the desired result that the current NFA law is unconsitutional.
If one is interested, there is a terrific discussion here about the effects of the Parker ruling striking down the 1986 Hughes Amendment ban, and other NFA possibilities.
The 1986 moratorium needs to go. The CLEO sign-off should go, but can be avoided ( hint: a trust or an LLC buys the firearm )
The $200 tax needs to be treated like a tax. You pay the tax on the old firearm. End of problem.
It's interesting to note that because of hydrogen physical properties and because the Hindenburg was landed at the time, casualties were [i]very[/i] low. Of the 96 passengers and crewmen, only 35 died, and of the majority who did, death was caused by trying to escape the Hindenburg (and thus hit the ground from a noteworthy height).
Major propaganda victory for us there.
Hi Dave,
On the VHF Act you mentioned the guy with the Colt MG for shooting down blimps. They filled the blimps with hydrogen back then as they could generate the gas on site and helium was pretty rare and expensive. The widespread use of helium (which is inert) in lighter-than-air craft didn't come about until after the Hindenberg disaster.
Best regards,
Greg